Should I Give a Recorded Statement to the Insurance Company After an Indiana Car Accident?

Soon after you have been involved in a car accident, you may be contacted by your insurance company or the other driver’s insurer to ask you to provide a recorded statement about the accident and your injuries. You may ask yourself, “Should I give a recorded statement to the insurance company?”

Ideally, you should not agree to provide a recorded statement to an insurance company after a car accident in Indiana. This is especially true if you have not consulted with a lawyer first. Instead, you should let your car accident attorney handle any communications with insurers on your behalf and provide them with the documents and information that the insurer needs to investigate and process your claim.

Am I Required to Give a Recorded Statement to Insurers?

Your obligation to provide a recorded statement after a car accident will depend on the insurer that asks you for it. If you are contacted by the other driver’s insurance company for a recorded statement, you have no obligation to comply. You should decline to provide a statement if asked.

However, your auto insurance policy may have a clause that obligates you to cooperate with your insurer in their investigation of your claim. This may include providing a statement if your insurer requests one.

If you refuse to cooperate with your insurer’s investigation, the insurer may deny you coverage under the terms of your policy. Regardless, even if you are contractually required to provide your insurance company with a recorded statement, you should ask your insurer to wait until you have had a chance to consult first with a car accident attorney.

Why Do Insurers Ask for Recorded Statements?

Insurers want recorded statements from the drivers and passengers involved in a car accident for several reasons. First, having statements from all the individuals involved in the crash may give the insurance company better insight into what happened and who may have caused it. But insurers sometimes ask for recorded statements because they hope a claimant may provide the information they can use to minimize or deny their claim. Specifically, they’re looking for comments like:

• An outright admission of fault for the accident.
• An implied admission of fault, such as, “I didn’t see the other car,” or even just a sympathetic apology for the accident.
• Inconsistencies with prior statements or claims that you have made.
• Anything that minimizes the severity of injuries, such as answering, “I’m fine,” in response to the question, “How are you doing?”
• Personal information, such as admitting pre-existing injuries or health conditions that might have caused you to become fatigued, drowsy, or distracted behind the wheel.

What Should I Say When Asked for a Recorded Statement?

If you are required or choose to give a recorded statement to the insurance company, remember these tips so you do not say anything that might jeopardize your rights:

• Do not admit fault or say anything that might be construed as an admission of fault.
• Provide direct, succinct answers to the adjuster’s questions. Do not offer any information not directly relevant to the question or keep talking just to fill a pause in the conversation.
• Do not guess. If you do not know the answer to a question, you can say so.
• Always ask for clarification if you think you may not have understood the question. Assuming you understood the questions might lead you to volunteer information you should not have.
• Ask the adjuster to refrain from making an audio or video recording of your conversation.

How Might an Insurance Adjuster Try to Catch Me Off Guard?

Adjusters are trained to ask claimants questions in such a way as to induce a claimant into saying something the insurer can use to deny or minimize their claim. Some of the tactics that adjusters may use to catch you off guard during a recorded statement include:

• Taking long pauses between questions, hoping that an uncomfortable silence will make you keep talking.

Asking you how you are doing at the beginning of the conversation. If you instinctively answer with, “I’m fine,” or, “I’m doing well,” the insurer may argue that you were not seriously injured in the accident.

• Asking you the same question or variations on the same question multiple times throughout the interview. If you give conflicting answers, the insurance company may find your claim not credible.
• Pushing you to agree to facts you believe might not be accurate or accusing you of not providing the whole truth.
• Taking a sympathetic, friendly tone with you to lull you into thinking that the adjuster wants to help you.

What Happens When Insurers Engage in Bad Faith?

Sometimes, insurers in Indiana stoop to bad-faith tactics when requesting a recorded statement from a car accident victim, including failing to pay a claim when there is no legitimate basis for denying liability. This may include misrepresenting policy language to convince a claimant that they must provide a statement or provide more information than they are required to by law.

Claimants can sue insurers that engage in these bad faith practices. If successful, a lawsuit can provide the claimant with the money they should have gotten under the terms of their policy and additional damages, depending on the circumstances.

What Duties Do I Owe My Own Insurer?

Your insurance policy may impose a contractual duty for you to cooperate with your insurer’s investigation of the accident. This duty may include providing documentation your insurer asks for and a statement about the accident. But there are ways to cooperate without putting your interests at risk. These options include consulting with a car accident attorney or providing a written statement rather than undergoing an interview with an adjuster.

How Can an Indiana Car Accident Lawyer Help Me?

When you work with an experienced Indiana car accident attorney at Truitt Law Offices, we can alleviate the stress that comes from dealing with insurance companies after a crash by taking steps such as:

• Handling all communications with the insurance company on your behalf so that adjusters contact your lawyer instead of you.
• Advising you of your potential obligations to provide a statement to the insurance company and whether you should agree to provide it.
• Preparing you for what to expect if you speak to an insurance adjuster.
• Negotiating with the insurance company for you to provide your statement in an easier format, such as in writing or by filing out a questionnaire, instead of providing an oral statement.

If you have more questions about giving a statement to the insurance company after being involved in a car accident, contact Truitt Law Offices today for a free, no-obligation consultation. We can help you to better understand your legal rights and go over what to expect while pursuing an insurance claim in Indiana.

The post Should I Give a Recorded Statement to the Insurance Company After an Indiana Car Accident? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/should-i-give-a-recorded-statement/
via https://www.truittlawoffices.com

Do I Need an Attorney for My Indiana Car Accident Claim?

The legal aftermath of a car accident can be complex. Strictly speaking, you do not have to seek help from a personal injury attorney. Practically speaking, however, the odds of securing full and fair compensation for your injuries and losses from the at-fault party increase significantly if you do.

An attorney can help you by gathering evidence, investigating the law, negotiating with insurers, filing a lawsuit, arguing on your behalf in court, and helping you avoid pitfalls along the way. Further, our free initial consultations mean there is little downside to having one of our attorneys evaluate your case. Call Truitt Law Offices today to make sure you get started on the right foot down the road toward maximum compensation.

What Does a Personal Injury Attorney Do?

All attorneys are obligated to pursue and protect the best interests of their clients. In a personal injury case, this means helping clients secure the financial compensation they are entitled to for their injuries and losses, either at the negotiation table with the at-fault party or in court. It also means using their legal training and experience to avoid the many obstacles along the way.

• Make Sure You Know Your Rights and Options

Among the primary responsibilities of any lawyer is to make sure their clients are well informed about their legal rights and options. There is a reason lawyers are sometimes referred to as “legal counsel.” Ultimately, clients have the final say about things like accepting a settlement offer or taking their case to trial. However,  attorneys are responsible for making sure they can make an informed decision.

• Investigate the Law and Evidence in Your Case

Of course, your lawyer will use their legal training and experience to investigate the governing law, as well the terms of any controlling insurance policies. They will then gather evidence to build your case, including things like police accident reports, footage from the scene, witness statements, and medical treatment/billing records. All of this will be used to prove fault and the extent of your losses, which will then be used to calculate the amount of compensation you deserve.

• Negotiate an Insurance Settlement

Most personal injury cases never reach court. Instead, they are resolved in out-of-court settlement negotiations with the at-fault driver and their insurers. Of course, the other side wants to pay as little money as possible. Therefore, during settlement negotiations, they will try their hardest to minimize the extent and severity of your injuries. Your attorney’s job is to push back using the information gathered in step two.

• Prepare Your Case for Court

Though most cases never reach trial, some do. Going to court is a big decision. Because it can be costly and time-consuming, only cases with a good chance of securing a significant judgment will get this far.

Ultimately, each client makes the decision for themselves, but their attorney should make sure they have a good grasp of what is at stake. If you decide to go, your attorney will guide your case through the highly formal process and argue on your behalf before a judge and/or jury.

• Help You Avoid Making Easy Mistakes

The road toward compensation is full of challenges. Your attorney will be your closest ally and help you navigate the winding path. Among other things, they will help protect you against unscrupulous insurers.

Unlike your attorney, insurers will always put their bottom line before your best interests. Do not make the mistake of trusting them. If an adjuster calls before you secure representation, do not (1) admit fault, (2) provide a recorded statement, (3) sign a medical record release, or (4) accept their first settlement offer.

What Compensation is Available in a Personal Injury Lawsuit?

If you were injured in an auto accident at little to no fault of your own, you might be entitled to a wide range of compensation from the at-fault party. In most personal injury cases, compensation comes in the form of economic and non-economic damages, collectively known as compensatory damages. In rarer cases involving extremely irresponsible behavior from the at-fault party, you may also be entitled to punitive damages.

• Economic Damages

As the name suggests, economic damages are meant to compensate for losses that can be easily translated into dollars and cents. This form of damages is calculated by simply adding up things like medical bills, lost wages, repair estimates, and replacement costs. However, in the event your injuries leave you will permanent or long-term disabilities, things may get a bit trickier when calculating the value of your lowered earning capacity.

• Non-economic Damages

By contrast, non-economic damages are meant to compensate for intangible losses that do not boil down as easily to a fixed price tag due to their more subjective nature. This category includes things like pain, suffering, emotional distress, lowered quality of life, and loss of consortium.

Non-economic damages should not be underestimated, as they can significantly raise the total compensation you receive in your case. However, because each individual is likely to place a different value on these kinds of losses, it is very important to have a compassionate attorney who understands the true extent of your loss and who can compellingly communicate it to a jury.

Notably, though many states place a limit on the amount of non-economic damages injury victims may receive, Indiana generally does not. An exception exists when your case is brought against the state.

• Punitive Damages

Finally, punitive damages may be available in cases involving extremely irresponsible or otherwise reprehensible behavior. This form of damages is not awarded as compensation but rather as punishment for the at-fault party. Courts are normally reluctant to allow punitive damages due to their severe nature. When awarded, they are capped at three times the amount of your compensatory damages or at $50,000, whichever is higher.

When Should I Speak to a Personal Injury Attorney?

Personal injury cases are governed by a law known as the statute of limitations, which sets a deadline after which you may no longer file your case in court seeking compensation from the at-fault party. In Indiana, the deadline is set at two years after the date of the accident. There are several reasons missing this deadline can seriously compromise your case.

First, the longer you wait after an accident, the more time there is for evidence to deteriorate or disappear, as well as for witnesses’ memories to fade. Second, failure to file your case before the deadline passes nearly always results in your case being dismissed in court. Third, losing the ability to sue in court will simultaneously destroy your bargaining power when negotiating an out-of-court settlement with the at-fault party and their insurers.

The best way to avoid all three consequences is simply by having an experienced attorney review your case as soon as possible after your car accident. Our legal team is ready to evaluate and handle your case from start to finish. Call us today.

Speak to an Experienced Car Accident Lawyer

In closing, consulting with a personal injury attorney is not strictly required after being injured in an accident. That said, doing so will help ensure that you are well informed about your rights and avoid costly mistakes on the road to full and fair compensation for your injuries.

At Truitt Law Offices, we have over 40 years of experience representing car accident victims throughout Indiana. We have the skill and resources to help you too. Call us today for a free consultation with an experienced personal injury attorney near you. You pay nothing unless we win your case.

The post Do I Need an Attorney for My Indiana Car Accident Claim? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/do-i-need-an-attorney/
via https://www.truittlawoffices.com

Who Can I Sue After a Commercial Truck Accident in Indiana?

Accidents involving large trucks are among the most devastating we see. This is due to the huge size differential between everyday passenger vehicles and many of the commercial vehicles they encounter on the road. When these vehicles collide, passengers in the smaller of the two are at greater risk of suffering serious or even fatal injuries.

If you were involved in a truck accident in Indiana, you are likely wondering how you can recover compensation for your injuries. Accidents involving large commercial vehicles are often more complex than other auto accidents because there may be multiple liable parties. Ultimately, you may secure compensation from the truck driver, their employer, cargo owners, or even the truck manufacturer.

In all cases, you should not wait to speak with an attorney. The sooner you do, the sooner they can evaluate your case and start mapping your path toward maximum compensation. The personal injury attorneys at Truitt Law Offices are here to help. Call us today for a free consultation.

Common Causes of Truck Accidents in Indiana

According to a report by the Indiana University Public Policy Institute (UPPI), though commercial vehicles are involved in only 7.7 percent of all traffic accidents in Indiana, accidents involving these vehicles account for 16.7 percent of all traffic fatalities in the state. “Commercial vehicles” include large trucks, combination vehicles, pickup trucks weighing over 10,000 pounds, buses, and vehicles carrying hazardous materials.

The UPPI further reports that anywhere between 13,000 to 17,000 accidents involving commercial vehicles occur in the state each year. In 2017 alone, these resulted in 3,297 injuries and 152 deaths. Driver error is the primary factor in nearly 94 percent of commercial vehicle accidents. Common causes of Indiana truck accidents include:

• Unsafe lane maneuvers, such as swerving
• Following too closely
• Failing to yield the right-of-way
• Improper turning
• Disregarding traffic lights
• Speeding
• Distracted driving
• Fatigued driving

Liable Parties in Truck Accidents

Accidents involving large trucks are often characterized by the large number of potential at-fault parties. If you are injured in one of these accidents in Indiana, you may be able to secure compensation from:

• Truck driver – Of course, many large-truck accidents are caused by the truck driver’s irresponsible behavior. Among other things, this may include speeding, driving while distracted, following too closely, failing to check blind spots, and driving while impaired by alcohol or drugs.
• Trucking company – If the truck driver is directly employed by a trucking company, that company could be held liable for accidents caused by the driver’s actions while operating in the “course and scope” of their employment. A truck company could also be liable if it knowingly hired an unqualified or unlicensed driver, did not properly train its drivers, pressured drivers to work beyond their hours-of-service limits, or failed to administer required drug tests. Further, if the company failed to properly maintain its trucks, it could be responsible for an accident caused as a result.
• Truck manufacturer – If a truck defect or malfunction causes an accident, the manufacturer could be on the hook for products liability.
• Truck maintenance crews – Truck maintenance crews must perform routine maintenance on commercial trucks and ensure they meet all safety standards. If a truck malfunctions because of improper maintenance, the person responsible for maintaining the truck could be liable.
• Truck loaders – The cargo in a commercial truck must be loaded, balanced, and appropriately secured to prevent accidents. A cargo loader who fails to meet these requirements could be liable for a crash caused by improperly loaded or secured cargo.
• Other motorists – In many cases, car accidents involving large trucks are not caused by truck drivers at all. For example, if a third-party driver recklessly cuts in front of a large truck and causes it to collide with your own vehicle, that driver could be liable for resulting injuries.

How to Prove Negligence in an Indiana Commercial Truck Accident

The vast majority of personal injury cases, including those involving large trucks, rely on a negligence theory to recover compensation. According to this legal theory, all drivers have a duty to operate their vehicles safely to reduce the risk of harming others. This is known as the duty to use “reasonable care.”

Failure to uphold this duty can lead to legal liability when someone is injured as a result. However, injured victims must prove by a “preponderance of the evidence” that the responsible driver caused the accident. An experienced attorney can help you build a strong negligence case by:

• Gathering evidence from the scene
• Interviewing witnesses
• Examining surveillance footage
• Requesting a copy of the police accident report
• Demanding records from the truck company, such as employment records, maintenance records, and “black box” logs
• Handling communication with insurance companies
• Negotiating an out-of-court settlement
• Taking the case to court if a reasonable settlement cannot be reached

Compensation Available for Truck Accidents in Indiana

If you were injured at no fault of your own in an auto accident involving a large truck, you might be entitled to a wide range of compensation. With the assistance of an experienced truck accident attorney, you may be able to pursue compensation for the following:

• Medical expenses related to treating your injuries, including hospital stays, surgeries, doctor’s appointments, physical therapy, medications, and medical equipment
• Lost wages if you are unable to work while you recover
• Loss of future earning capacity if your injuries result in permanent disability
• Pain and suffering
• Lowered quality of life
• Emotional distress
• Loss of consortium
• Funeral and burial expenses
• Wrongful death
• Property damage

Contact Truitt Law Offices for Help After an Indiana Truck Accident

If you were injured in a large-truck accident in Indiana, do not hesitate to speak to a personal injury attorney. The experienced commercial truck accident attorneys at the Truitt Law Offices can evaluate your case to determine who is liable for your injuries and how much compensation you could be owed. We are ready to handle your case and fight for you. Contact us today for a free consultation.

The post Who Can I Sue After a Commercial Truck Accident in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/who-can-sue-after-commercial-truck-accident/
via https://www.truittlawoffices.com

Who Can File a Wrongful Death Lawsuit in Indiana?

The sudden and unexpected loss of a loved one can be among the most traumatic and destabilizing events in our lives. Of course, no amount of money can make up for the loss of someone held close to our hearts. However, if you have lost loved one due someone else’s actions, you may be entitled to legal compensation.

In Indiana, wrongful death lawsuits must be filed in accordance with very specific requirements. For example, a claim seeking compensation for the death of an adult must be brought by a personal representative on behalf of the deceased person’s estate. By contrast, claims seeking compensation for the death of a child may be brought by the child’s parents or guardians.

The Indiana wrongful death attorneys at the Truitt Law Offices are proud to provide compassionate legal representation as you grieve the loss of your loved one. We will make sure your case is properly filed and fight for the compensation you deserve. Call today for a free consultation.

What Are the Top Causes of a Wrongful Death Lawsuit?

The common denominator in wrongful death cases is simply that the deceased’s untimely death was caused by someone else’s wrongful actions. Beyond this shared feature, wrongful death cases are a diverse category. Some accident types that commonly result in wrongful death cases include:

• Vehicle accidents
• Criminal assaults
• Slip-and-fall accidents
• Defective products
• Medical malpractice
• Workplace injuries

What are the Steps in an Indiana Wrongful Death Lawsuit?

The steps in handling a wrongful death lawsuit are similar to those in most other personal injury cases. In most cases, your first step should be finding an attorney experienced in handling wrongful deaths. Subsequent steps in most wrongful death cases include:

• Gathering Evidence – As with any personal injury case, you will need evidence to establish an at-fault party’s liability. In a wrongful death suit, this may include an autopsy report, medical records, witness interviews, surveillance footage, accident reconstructions, and more.
• Determining Liability – An obvious but critical step in any wrongful death case is establishing the at-fault party’s culpability. In other words, you must prove that the at-fault party’s negligent, reckless, or intentional actions caused your loved one’s death. There may be mor than one at-fault party depending on the case.
• Assessing the Case Value – In addition to evidence of the accident itself, you will also need evidence establishing a monetary value of your loss. Of course, no amount of money can truly compensate the loss of a loved one. However, there are many factors that may influence the total amount of legal compensation you receive. These may include the medical treatment your loved one received prior to death, the income your family has lost, the value of the household services your deceased loved one provided, and others.
• Negotiating a Settlement – Trial can be costly, time consuming, and unpredictable. Therefore, reaching an out-of-court settlement can be beneficial to all parties involved in your case. Your attorney can be your closest ally in negotiating a reasonable settlement and making sure you are not taken advantage of.
• Going to trial – In some cases, it is impossible to reach a settlement through negotiation. When negotiation fails, the only way to get full and fair compensation is through a trial in court. At this point, it is very important to consult with an attorney experienced in handling these proceedings.

A wrongful death lawsuit can be complicated, and it may take months to reach a verdict and even a satisfactory an out-of-court settlement. Because wrongful death suits can be time consuming, it is best to have an attorney evaluate your case sooner than later. Our attorneys have handled many wrongful death cases and are ready to handle yours.

What Sort of Compensation is Available in a Wrongful Death Lawsuit in Indiana?

The compensation you could be owed under Indiana law depends on a number of factors. These include the age of the deceased individual, their marital status, and their number of dependents.

Compensation for Death of a Child. If the deceased person was a child, their parents may be owed compensation for:

• Funeral and burial costs
• Expenses associated with the child’s healthcare, hospitalization, outstanding debt, and estate administration
• Loss of the child’s services
• Loss of love and companionship
• Grief counseling for the parents and any other minor children

Indiana’s wrongful death statute defines “child” as (1) anyone under twenty years old or (2) anyone under twenty-three years old if enrolled in a postsecondary educational institution. Damages for the wrongful death of a child are not capped.

Compensation for Death of an Unmarried Adult with No Dependents. If the deceased person is an unmarried adult with no dependents, compensation could cover:

• Funeral and burial expenses
• Medical and hospital expenses
• Loss of love and companionship ($300,000 cap)

Compensation for Death of an Adult Who Is Married and/or Has Dependents. If the deceased person has a surviving spouse or dependents, they may recover compensation for:

• Funeral and burial expenses
• Medical and hospital expenses
• Loss of the deceased’s future earnings
• Loss of the deceased’s love, affection, training, care, and guidance

Is There a Time Limit for Filing a Wrongful Death Lawsuit?

Like any other personal injury case, wrongful death actions are governed by a statute of limitations. In Indiana, the statute of limitations is set at two years from the date of the death. In nearly all cases, failure to file your case before this deadline will result in your case being dismissed in court, thereby eliminating your chance to secure legal compensation for the loss of your loved one.

Avoid this result by speaking with a wrongful death attorney as soon as possible. The injury attorneys at the Truitt Law Offices are ready to evaluate your cases and strategize your path toward maximum compensation.

Contact an Indiana Wrongful Death Lawyer Today

At the Truitt Law Offices, we understand how traumatic and painful the loss of a loved one can be in the lives of our clients and their families. If you have lost someone close to you in a wrongful death, our attorneys are here to help you understand your rights and fight for maximum compensation allowed under law. Contact us today for a free consultation.

The post Who Can File a Wrongful Death Lawsuit in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/who-can-file-wrongful-death-lawsuit/
via https://www.truittlawoffices.com

The Car Accident Settlement Process in Indiana

When pursuing car accident claims in Indiana, the lawyers of Truitt Law Offices explore all options for recovering maximum compensation for clients.

Most car accident claims are settled outside of court by negotiating with insurance companies. As your attorneys, we will determine liability for the accident, calculate your losses, and present a settlement demand to insurers.

If insurers refuse to do the right thing in your car accident case, we will file a lawsuit and be ready for trial. Our Fort Wayne car accident lawyers will bring their combined decades of negotiating and courtroom experience to bear in our fight for full compensation for you.

The attorneys at Truitt Law Offices of Fort Wayne, IN, will guide your claim through the process required to seek all of the compensation you are due. Contact us by phone or through our online form to set up a free consultation with one of our auto accident lawyers.

Determining Liability in a Car Accident Case

After you engage Truitt Law Offices as your attorneys, we will handle all of the work necessary to pursue your car accident insurance settlement. Our first task is to investigate the accident and gather evidence that shows who is responsible for your injuries.

There are many types of evidence to review in a car accident case, ranging from police reports to traffic tickets to statements from victims and witnesses and accident reconstruction reports. Other evidence that may be useful in your case includes:

• Crash scene evidence, such as skid marks, pavement gouges, and roadside damage, which can indicate how the accident occurred.
• Vehicle damage, which indicates the severity of the crash and may help determine whether mechanical failure contributed to the crash.
• Cell phone records may indicate the other driver’s activity prior to the crash, including being on the phone at the moment of the accident.
• Surveillance camera footage may have captured the crash or the other driver prior to the crash.
• Black Box Event Data Recorder information, which records the vehicle’s operations at the moment of impact, including speed upon impact, acceleration, braking, steering, and the number of impacts.

There may be other individuals or organizations responsible for the accident in addition to the drivers involved. Examples include:

• The other driver’s employer if the driver was driving as part of their job at the time of the crash.
• A bar, store, restaurant, or social host that provided alcohol to someone who was visibly intoxicated or underage and later caused the accident.
• A mechanic whose faulty repairs to a vehicle contributed to the crash.
• A government agency or contractor responsible for road design or construction or a highway construction zone that was improperly designed and contributed to the accident.

We will identify the liable party’s insurance company in preparation for submitting our demands for compensation on your behalf.

Calculating the Compensation You Are Due in a Car Accident

As we investigate responsibility for the car accident, we will track your costs and losses from the accident. We will do this by obtaining copies of your medical bills, lost work confirmation from your employer, and all future medical expenses anticipated as part of your recovery from the accident.

The types of compensation that we seek for you may include payments for:

• All accident-related medical expenses
• Wages lost during your recovery
• Diminished earning capacity due to permanent injuries
• Physical and emotional pain and suffering
• Permanent scarring
• Loss of companionship and funeral expenses in the event of the wrongful death of a loved one

In cases of disabling injury, we work with life-care planners to determine the projected cost of your future medical and personal care needs, as well as the impact of your injuries on your life. Our goal will be to determine the full extent of your losses and the maximum value of your car accident claim.

We’ll Demand Full Compensation for Your Car Accident Losses

Once we have evidence of liability for the car accident and determine your losses, we will present a demand letter to the insurance company representing the at-fault driver. We will make sure any insurance you hold pays as it should, too.

An insurance company may respond to a demand letter by:

• Paying our demands up to the limit of coverage they have extended to the liable party.
• Rejecting our demands and denying the claim.
• Rejecting our demands and offering a lower settlement amount.

Typically, insurers make a counteroffer to settle the claim. If the amount is reasonable and acceptable to you, we can agree to it and conclude the case. In many cases, the insurance company’s initial offer is not acceptable. We would try to negotiate with the insurance company toward an acceptable settlement.

We will advise you about any settlement offer we receive. Ultimately, whether to accept a settlement offer is your decision.

Filing a Personal Injury Lawsuit After a Car Accident

Most car accident cases are settled without a trial. If an insurance company refuses to agree to an appropriate settlement for your losses, we can file a personal injury lawsuit asking the court to compel payment.

There are many steps to a lawsuit before it is heard in court. The process includes discovery, in which each side shares its evidence with the other, and opposing attorneys question parties involved in the lawsuit under oath. We will prepare you for your role in discovery.

It is not unusual for a claim to be settled during discovery as the strength of our case becomes evident. A settlement may be offered and accepted at any time before a jury renders its verdict.

If your case goes to trial, we will brief you about what to expect and be at your side throughout the process.

At trial, we will present your case, and the insurance company will present its rebuttal. Each side will be allowed to present and cross-examine witnesses. After hearing both sides, the jury will consider the evidence and render its verdict, including the amount of compensation you are to be paid.

Contact Our Fort Wayne Car Accident Attorneys

If you have been significantly injured or lost a loved one in a car accident in Fort Wayne, contact Truitt Law Offices as soon as you can. In Indiana, you generally have two years from the date of a car accident to file a personal injury lawsuit. As we discuss above, there are many steps to a car accident claim which can be time-consuming to investigate and prepare. It is best to contact an attorney as soon as possible after an accident.

Attorney Richard Truitt has helped car accident victims and their families in Fort Wayne, Huntington, and across Northeastern Indiana for more than 40 years. Make your first call your only call. Connect with us now for a free consultation.

The post The Car Accident Settlement Process in Indiana appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/car-accident-settlement-process-in-indiana/
via https://www.truittlawoffices.com

Who Is Liable for Multi-Car Accidents in Indiana?

It can be difficult to determine which driver is at fault in a multi-car accident in Indiana and legally liable for the injuries suffered by others. It often takes an independent investigation to determine who should be held financially responsible and what they owe the injured.

The car accident lawyers of Truitt Law Offices can investigate the accident you were in and help you seek the compensation available by law. Fort Wayne car accident attorney Richard Truitt has successfully represented Indiana car accident victims and their families in Fort Wayne, Huntington, and communities throughout Northeastern Indiana for more than 40 years.

When a car accident involves three or more cars, there may be multiple parties who were negligent and multiple insurance policies available to provide compensation. The legal team at Truitt Law Offices will explore all the options for pursuing maximum compensation for you after a multi-car accident.

Working with a knowledgeable multi-vehicle accident attorney can be crucial to developing a strong accident claim. Allow the experienced and compassionate Fort Wayne car accident lawyers of Truitt Law Offices to review your case today. Contact us now for a free no-obligation legal consultation.

What Are Some Types of Multi-Car Accidents?

In a pileup, a series of rear-end collisions often occur as vehicles run into cars that have already slowed or stopped to avoid a collision. These accidents are sometimes referred to as chain-reaction collisions, with one car after another hitting a crashed vehicle ahead.

In addition to rear-end collisions, we often see multi-vehicle car accidents resulting from:

• Sideswipe accidents. A driver making an unsafe lane change glances off of the side of another vehicle as it tries to merge, causing either car to spin out of control and collide with other vehicles.
• Intersection accidents. An accident can occur when a driver attempts to turn left at an intersection and misjudges the speed of approaching vehicles leading to a collision. When cars collide at high speed in an intersection, the impact can send one or both vehicles careering into others.
• Work zones. Highway construction zones are dangerous places for multi-vehicle accidents. Road work zones require traffic to slow down and often merge lanes, detour, or stop. If a driver fails to slow down in a work zone, the driver may be unable to stop if traffic ahead stops unexpectedly. The highway contractor operating a work zone may be liable for crashes if the construction zone was not properly designed with adequate warnings and room for traffic to safely slow and merge. It is more likely that a negligent driver failed to recognize the need to slow down for the upcoming work zone.
• Debris on the road. Debris on a highway, such as cargo that falls off a trailer, is a common cause of accidents, as drivers swerve or slam on breaks to avoid running into the obstacle on the road. A driver who avoids a crash may cause others to crash because of their sudden, unexpected maneuver. A chain reaction of multiple vehicles braking, swerving, and crashing may follow.

Causes of Multi-Car Accidents

Multi-vehicle accidents can result from many types of driver negligence. A driver may cause a multi-car collision by:

• Failing to look adequately before attempting a turn or changing lanes
• Misjudging the speed of an oncoming vehicle or the distance between vehicles
• Misjudging another driver’s intentions
• Violating traffic laws, such as failing to yield or running a red light or stop sign
• Speeding and losing control of a vehicle
• Driving while distracted
• Driving while impaired by alcohol, drugs, or excessive fatigue

After a multi-car accident, it is not unusual for additional collisions to occur because of distracted drivers straining to get a look at the accident. Sometimes, secondary accidents caused by rubbernecking drivers occur on the opposite side of divided highways adjacent to the original collision.

How Is Fault Determined in a Multi-Car Accident?

After a multi-vehicle accident, it may not be immediately apparent why the crash happened. As the number of cars in a multi-vehicle collision goes up, the difficulty of determining who has liability also increases. Insurers are more likely to try to shift the blame to avoid liability. More than one driver – or a  third party such as a pedestrian – may have contributed to the accident as well.

Truitt Law Offices can investigate the multi-car accident that left you with serious injuries and gather evidence to support your claim for compensation. The evidence sought in crash investigations includes:

• Police reports. Responding officers record the identities of all involved, their injuries, the vehicles involved, their damage, and their final positions relative to each other. The police report contains the officer’s initial determinations about what happened and who if anyone was issued a traffic citation.
• Witness statements. This includes statements from those involved in the crash and anyone who may have seen it happen.
• Crash scene evidence. Skid marks, pavement gouges, and other evidence at the accident scene can be useful in determining how the accident occurred.
• Vehicle damage. Damaged vehicles can be evaluated to determine whether mechanical failures contributed to the crash.
• Event data recorders. The data recorders in newer vehicles contain data such as speed and trajectory at the time of impact, whether the driver braked, and whether cruise control was engaged.
• Surveillance footage. Security cameras at nearby businesses, ATMs, or public buildings may have captured the accident on video.

In a case involving a large multi-vehicle accident, our attorneys may work with accident reconstruction specialists to determine how the accident occurred.

Accident reconstruction specialists make a variety of sophisticated measurements to divide a pileup into separate crashes and determine how they happened. They study the evidence with a variety of forensic techniques to determine what occurred and where responsibility lies.

They provide us with narrative reports that include detailed graphics and can provide expert testimony supported by animated depictions of the most complex crashes.

Contact an Indiana Car Accident Lawyer Today

Multi-vehicle car accidents are often complex and confusing for those who have been injured or lost a loved one in them. The attorneys at Truitt Law Offices can investigate your accident, file your insurance claim and seek full compensation for you.

Don’t wait to seek help from an experienced multi-vehicle car accident lawyer at Truitt Law Offices. You generally have two years from the date of an auto accident to file a personal injury claim.

Make your first call your only call. At Truitt Law Offices, we work with crash victims and their families in Fort Wayne, Huntington, and across Northeastern Indiana. Contact us now for a free consultation.

The post Who Is Liable for Multi-Car Accidents in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/who-is-liable-for-multi-car-accidents/
via https://www.truittlawoffices.com

Should I Go to the Doctor After My Indiana Car Accident?

Many injuries caused by car accidents are immediately obvious, such as broken bones and cuts. However, others are not. The body responds to stress by releasing adrenaline, which blocks pain. That’s why it’s always best to seek medical help after an accident, even if you feel fine.

The Indiana car accident attorneys at Truitt Law Offices are here to explain why some accident victims avoid seeking medical care and what you can do to protect your health and legal rights after a crash. To learn more, contact our firm for a free initial consultation.

When Should You See a Doctor After a Car Accident?

You should see a doctor as soon as possible after a car accident – even if you feel fine immediately after the accident. Not only can the trauma of a car accident hide the severity of any resulting injuries, but some may take days or weeks to manifest themselves. That means you could be suffering from a serious, even life-threatening injury that you have no way of noticing until you’ve consulted with a doctor and had an examination and other tests.

However, some people find going to the doctor uncomfortable, impractical, or otherwise difficult. Studies suggest many Americans avoid going to the doctor even when they believe they need care. The reasons vary from person to person. But one study published in the Journal of General Internal Medicine found that some common factors include the following:

• Critical opinions about seeking care – More than a third of participants reported having negative feelings about going to the doctor based on unfavorable views of physicians, medical facilities, or the healthcare industry.
• No or low perceived need for medical care – More than 12 percent of participants reported that they didn’t think they needed medical care. Some believed their illnesses or injuries would improve.
• Traditional barriers to seeking care – More than half of the participants didn’t seek care due to “traditional barriers.” These barriers include the high cost of medical care at about 24 percent, time constraints at 16 percent, and lack of health insurance at 8 percent.

Regardless, you should plan to visit a doctor no more than 72 hours after any car accident. Putting it off can be a serious mistake. Not only do you risk missing life-saving care, but you could also jeopardize your legal case. This is because records and bills from health care facilities are among the most critical pieces of evidence establishing losses and tying them to the accident. Many insurance policies even require that you see a doctor within this window for your medical care to be fully covered.

Can a Doctor’s Report Be Used as Evidence in My Accident Claim?

Doctors’ reports and other medical records can be essential evidence in a car accident claim. This can include evidence such as the following:

• Paramedic or ambulance reports
• Triage notes and admittance charts
• Initial treatment records from emergency rooms or urgent care clinics
• Medical history records, including physicians’ and nurses’ notes
• Prescription records, including medication names and dosages
• Medical narratives, including diagnostics and prognostics
• Imaging studies and other diagnostic test results
• Consultations, referrals, and correspondence from physicians
• Records and line-item bills from initial and follow-up appointments

This medical evidence can serve several purposes in your Indiana car accident case. Your medical records establish a formal, date-specific connection between the crash and your injuries. These records also illustrate the extent and impact of your injuries. And the test results and doctor’s notes reveal the potential long-term effects you are likely to suffer from your injuries. Together, these elements paint a complete picture of the personal and financial losses you have incurred due to the crash.

What Happens If I Do Not See My Doctor After a Car Accident?

If you don’t seek medical care after a car accident in Indiana, it could harm you in more ways than one. Most importantly, you may suffer from additional or aggravated injuries if you don’t get the necessary care.

But not seeing a doctor can also make it significantly more difficult to recover compensation. The insurance company might blame you for your injuries and suggest that they weren’t related to the car accident or that you made them worse by not addressing them in time. Without medical records to back you up, you’ll have difficulty proving otherwise.

Even if you had a legitimate reason to avoid or delay seeking treatment, the insurance company is more likely to minimize or deny your claim if you didn’t get care quickly. You should also remember to continue attending all follow-up appointments as scheduled. Don’t allow the insurance company to argue that your injuries aren’t covered.

How Long After an Indiana Car Accident Can You File a Lawsuit?

You have just two years from the date of the car accident in Indiana to file a personal injury lawsuit in civil court. If you try to file your suit after the deadline has passed, the court will most likely dismiss your case. At that point, you will lose the chance to file suit through the civil courts.

Although this deadline does not apply to car insurance claims, negotiating a fair settlement will be more difficult if the insurance company knows you can’t hold them responsible in court. That’s why speaking to a knowledgeable car accident attorney after a crash is so important.

Contact an Indiana Car Accident Lawyer Today

If you were involved in a car accident in Indiana, you might have been injured even if you didn’t feel hurt immediately. Protect your health and legal rights by seeking prompt medical care and speaking to a trusted car accident lawyer. Contact the legal team at Truitt Law Offices today to learn more about your legal options in a free case review.

The post Should I Go to the Doctor After My Indiana Car Accident? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/should-i-go-to-the-doctor/
via https://www.truittlawoffices.com